Principles of Taxation

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PRINCIPLES OF TAXATION DISTINCTION AMONG THE POWERS

INHERENT POWERS A. As to benefits received:

PP Police Power 1. Police power - no direct and


E Eminent Domain immediate benefit, only such as
T Taxation may arise from the maintenance of a
healthy economic standard of
INHERENT POWERS society

2. Power of eminent domain - market


A. Police Power- the power of the State value of the property taken from the
to enact laws in relation to persons and property owner
property so as to promote public health, 3. Taxation - equivalent of tax in the
public moral, public safety and general form of protection and benefit
welfare of the people.
B. As to amount of imposition:
B. Power of eminent domain- the
power of the state or those whom the 1. Police power- limited to the cost of
power has been delegated to take the license and the
private property for public use upon necessary expenses of police
paying the owner a just compensation to surveillance and regulation
be ascertained according to law. 2. Power of eminent domain- no
imposition, the owner is paid the
C. Power of taxation- the power of the fair market value of his property.
state by which the sovereign raises
revenue to defray the necessary 3. Taxation- no limit
expenses of the government.
C. As to relationship to the
SIMILARITIES AMONG THE POWERS non-impairment of obligations clause
of the Constitution:
A.They are inherent in the state.
1. Police power- superior to the clause
B.They exist independently of the
Constitution 2. Power of eminent domain- inferior
to the clause
C.They are legislative in nature and 3. Taxation- inferior to the clause
character.
D. As to purpose:
D.They constitute the three methods by
which the state with the private rights 1. Police power- promote general
welfare
and property.
2. Power of eminent domain – public
E.Each presupposes an equivalent purpose
compensation
3. Taxation – support of government
F. As to persons affected: A. It can only be imposed on specific
properties
1. Police power- community or class of
individuals B. It involves the taking of property by
the government.
2. Power of eminent domain-
individual, as owner of a particular C. The amount imposed has no limit.

property D. The amount imposed depends on


whether the activity is useful or not.
3. Taxation- community or class of
individuals 5. The following are the similarities of
the inherent power of taxation,
1. Which of the following may not eminent domain and police power,
raise money except one:
for the government?
A. Power of taxation A. They are necessary attributes of
B. Police power sovereignty
C. Power of eminent domain B. They affect all persons or the public
D. Privatization of government’s capital
assets C. They interfere with private rights and
property
2. In this power of the state, the
person who is parting with his money D. They are legislative in implementation
or property is presumed to receive a
benefit: INTRO TO TAXATION
A. Taxation
DEFINITION
B. Police power
Taxation is the act of laying a tax, i.e.,
C. Eminent domain
the process or means by which the
D. Forfeiture power
sovereign, through its law making body,
3. Police power as distinguished from raises revenue to defray the necessary
eminent domain: expense of government.
A. Just compensation is received by the
Taxation is a levy or imposition and a
owner of the property
charge.
B. May be exercised by private
individual FUNDAMENTAL DOCTRINES
C. Property is taken by the government
for public purposes. a. Theory of Taxation – The power of
D. Superior to non-impairment clause of taxation proceeds upon the theory that
the constitution the existence of the government is a
necessity and that it cannot continue
4. Which statement refers to police without means to pay its expenses and
power as distinguished from that for this means it has a right to
taxation? compel all its citizens and property
within its limits to contribute.
b. Basis of Taxation - The basis is the ● To control inflation.
reciprocal duties of protection and b. Sumptuary or regulatory purpose
support between the state and its ● To implement the police power of
inhabitants. The state collects taxes the state to promote the general
from the subjects of taxation in order welfare.
that it may be able to perform the
functions of government. The citizens, PRINCIPLES OF A SOUND TAX
on the other hand, pay taxes in order SYSTEM (FAT)
that they may be secured in the a.Fiscal adequacy – this means that
enjoyment of the benefits of an the sources of revenue should be
organized society. sufficient to meet the demands of public
c. Lifeblood Doctrine - taxes are the expenditures.
lifeblood of the Government and their b.Administrative feasibility - this
prompt and certain availability are means that the laws should be capable
imperious (expecting obedience) need. of convenient, just and effective
- the government’s ability to serve the administration.
people depends upon taxation
- Manifestation of lifeblood theory: c.Theoretical justice – this means that
the tax burden should be proportionate
1. Imposition of tax even in the absence to the taxpayer’s ability to pay (ability to
of Constitutional grant. pay principle)
2. Right to select objects of taxation. NATURE (CHARACTERISTICS) OF
3. No injunction to enjoin (or stop) tax TAXATION
collection. 1. Inherent
d. Marshall Doctrine – The power to 2. Legislative
tax involves the power to destroy.
3. Subject to Limitations
e. Holmes Doctrine – The power to tax
is not the power to destroy while the SCOPE OF TAXATION (CUPS)
court sits
1. Comprehensive
PURPOSE OF TAXATION
2. Unlimited
1. The primary purpose is to raise
revenue for government needs. This is 3. Plenary
also called revenue or fiscal purpose.
4. Supreme
2. The secondary purposes
SUBJECTS/OBJECTS OF TAXATION
a. Compensatory purposes
● To reduce excessive inequalities -persons
of wealth.
● To maintain high level of -property
employment.
-acts, rights, privileges c. Fiscal adequacy
d. Debt restricting
USUAL REACTION TO TAX
2. Which one of the following is not
1. Self preservation characteristic of the state’s power to
2. Avoidance tax?
a. It is inherent in sovereignty
3. Minimization b. It is legislative in character
c. It is based on the ability to pay
4. Evasion d. It is subject to constitutional and
inherent limitations
BENEFITS OF TAXATION
3. What basic principle of a sound tax
system is met when congress
evolves a progressive system of
taxation as mandated in the
constitution?
a. fiscal adequacy
b. theoretical justice
c. administrative feasibility
STAGES OF TAXATION d. balanced budget
1. Levy 4. Which of the following is not basic
2. Assessment principle of a sound taxation system?
a. It should be capable of being
3. Collection effectively enforced.
b. It must be a progressive tax.
LEGISLATURE SHOULD DETERMINE c. It must be sufficient to meet
government expenditures and other
a. The subject matter or object to be
public need.
taxed.
d. It should be exercised to promote
b. The purpose of the tax so long as it is public welfare.
for public purpose.
5. Statement 1: the power of taxation
c. The amount or rate of the tax. is inherent in sovereignty being
essential to the existence every
d. The manner, means and agencies of government. Hence, even if not
collection of the tax. mentioned in the constitution the
state can still exercise the power.
e. The exemptions from the imposition
Statements 2: taxation is essentially a
1. Under this basic principle of a legislative function. Even in the
sound tax system, the government absence of any constitutional
should not incur a deficit: provision, taxation power falls to
a. Theoretical justice congress as a part of the general
b. Administrative feasibility power of law making.
a. Both statements are false b. Taxation is essentially a legislative
b. Both statements are true power
c. On statement 1 is false c. Taxation is a power that is very broad
d. Only statement I is true d. The State can and should adopt
progressive taxation
6. Which of the following statements
is not correct? 10. Upon taxation depends the
a. Taxes may be imposed to raise government’s ability to serve the
revenue or to provide incentives to people for whose benefit taxes are
certain activities within the State. collected, hence, taxes may be
b. The State can have the power of imposed even in the absence of
taxation even if the Constitution does constitutional grants and collection
not expressly give it the power to tax. of taxes cannot be stopped.
c. For the exercise of the power of a. Government is a necessity theory
taxation, the state can tax anything at b. Benefits to pay theory
anytime. c. Ability to pay theory
d. The provisions of taxation in the d. Lifeblood theory
Philippine Constitution are grants of
power and not limitations on the taxing 11. The power of taxation proceeds
power. upon what theory?
a. Government is necessity theory
7. One of the following is not a b. Benefits received theory
manifestation of lifeblood theory: c. Ability to pay theory
a. Imposition of tax even in the absence d. Severance test theory
of constitutional grant.
b. No injunction to enjoin tax collection. 12. The basis of taxation is the
c. Right to select objects and subjects of reciprocal duties of protection and
taxation. support between the State and its
d. Equal protection of law. inhabitants.
8. Which is the best answer? A tax a. Government is a necessity theory
reform at any given time underscores b. Benefits received theory
the fact that: c. Ability to pay theory
a. Taxation is an inherent power of the d. Lifeblood theory
state 13. First statement: In the exercise of
b. Taxation is essentially a legislative the power of taxation, the State can
power tax anything, at anytime, and at any
c. Taxation is a power that is very broad amount. Second statement: Taxes
d. The State can and should adopt may be imposed not only to raise
progressive taxation revenue, but also to provide
9. The legislative body can impose a incentives and disincentives to
tax at any amount underscores the certain activities within the State.
legal truism that taxation is: a. Both statements are correct.
a. Taxation is an inherent power of the b. The first statement is correct, the
state second is incorrect.
c. Both statements are incorrect. revenues and to levy taxes, subject to
d. The first statement is incorrect, the such limitations as may be provided by
second is correct. law.
c. Delegation to administrative
14. As a basic principle of taxation, agencies certain aspects of the taxing
“taxes must be based on the process that are not legislative, such as:
taxpayer’s ability to pay” is called: • The power to fix value of
a. equality in taxation property for purposes of taxation
b. ability to pay theory pursuant to fixed rules.
c. theoretical justice • The power to assess and
d. equity in taxation collect taxes.
LIMITATIONS • The power to perform any of
the innumerable details of
1. Distinction between inherent and computation, appraisement, and
constitutional limitations: adjustments, and the delegation
of such duties
a. Inherent limitations are those which
are caused by the very nature of the GUIDE: INSTANCES OF PUBLIC
power itself. PURPOSE
1. Instances of public purpose
b. Constitutional limitations are those
which are expressly found in the a. Financing of educational activities and
Constitution or implied from its programs.
provisions.
b. Promotion of science.
INHERENT LIMITATIONS
c. Erection and maintenance of roads,
P Public Purpose bridges and piers.

E Exemption from taxation of d. Aid for victims of a public calamity.

government entities e. Relief for the poor and unemployed


and to provide for unemployment
N Non-delegation of power to tax benefits.
I International comity f. Payment pensions and bonuses for
services rendered by public officers and
T Territorial jurisdiction
employees.
GUIDE: EXCEPTION TO NON-
DELEGATION
g. The construction of experimental
a. Delegation to the President to fix, stations to seek increases of efficiency
within specified limits, tariff rates, import in sugar production and the
or export quotas, tonnage and wharfage improvement of living and working
dues and other duties or imports. conditions in sugar mills or
b. Delegation to local governments the plantation.
power to create its own sources of
GUIDE: SITUS OF TAXATION and conditions both in the privileges
conferred and liabilities imposed.

5. The Constitution does not require


things which are different in fact to be
treated in laws as though they were the
same.

6. Classification is allowed. It is valid


when:

a. There is substantial distinction.


CONSTITUTIONAL LIMITATIONS b. The classification is germane
(relevant) to the issue.
a. Due process of law. “No person
shall be deprived of life, liberty of c. The classification applies not only to
property without due process of law existing conditions but future conditions
nor shall any person be denied the as well.
equal protection of law”.
d. The classification is applicable to all
1. Any deprivation of life, liberty, or members of the same class.
property is with due process if it is done:

a. Under the authority of law that is valid


or of the Constitution itself; and 7. There is denial of equal protection in
the following cases:
b. After compliance with fair and
reasonable methods of procedure a. Where an ordinance imposes a
prescribed by law. property tax on motor vehicles using the
2. Procedural due process in judicial streets of Manila, such being payable
proceedings requires “opportunity to only by owners of vehicles registered in
be heard before judgement is the City of Manila but those residing
rendered affecting one’s person or outside Manila who also use the streets
property.” Due process in taxation are not made to share the
requires: corresponding burden.

a. Tax must be for public purpose. b. Where a tax provision is enforced


against manufactures of filled milk only,
b. Imposed within the territorial but not against persons similarly
jurisdiction. situated such as manufacturers of
condensed skimmed milk.
c. No arbitrariness or oppression in
assessment and collection.
b. Power of the president to Veto any
4. All persons subject to legislation shall
particular item or items in a Revenue
be treated alike under circumstances
or Tariff bill:
1. As a general rule, under the 1. All taxable articles or properties of the
Constitution, the President may not veto same class shall be taxed at the same
a bill in part and approve it in apart. The rate.
exception is with respect to revenue or
tariff bill. 2. A tax is considered uniform when it
operates with the same force and effect
c. Non-Impairment of the obligation in every
of contracts. “No law impairing the
obligations of contracts shall be place where the subject may be found.
passed.” 3. The concept of equity in taxation
1. The obligation of contract is impaired requires the apportionment of the tax
when its terms or conditions re changed burden be, more or less, just in the light
by law or by party without the consent of of the taxpayer’s ability to shoulder the
the other, thereby weakening the tax burden and, if warranted, on the
position of the later. basis of the benefits he receives from
the government.
d.Non-imprisonment for non-payment
of Poll tax. “No person shall be 4. To ensure and enhance the equity
imprisoned for debt or non-payment objective, the Constitution enjoins
of poll tax.” Congress to evolve a progressive
system of taxation
1. The prohibition is against
“imprisonment” for “non-payment”. 5. Progressive system of taxation means
Hence, an imposition of a fine (but not that tax shall place emphasis on direct
subsidiary imprisonment), or even rather that indirect taxation, with ability
imprisonment for any other violation to pay as the principal criterion. A
than non-payment would not be system that places emphasis on indirect
unconstitutional. taxes is said to be a regressive tax
system.
2. Only non-payment of poll tax (or
community tax) is covered by the 6. Equal protection refers more to like
limitation. Nonpayment of other treatment of persons in like
(additional) taxes can validity be circumstances, uniformity and equity
subjected by law to imprisonment. refer to the proper relative treatment for
tax purposes of persons in unlike
e. The Congress may authorize the circumstances.
President to fix tariff rates, import
and export quotas, tonnage and g. No appropriation for Religious
wharfage dues and other duties or purposes. “Exemption of religious,
imposts. charitable or educational entities,
non-profit cemeteries, and churches
f. Rule of Uniformity and equity in from property taxation.”
taxation. “The rule of taxation shall
be uniform and equitable. “ 1. The tax exemption covers property
taxes only and not other taxes.
2. Conveyance (transfer) of exempt or tax treaty with other countries.
property would be subject to transfer Examples are:
taxes.
1. Exemption from real property tax on
3. The test of the exemption of the real properties used for religious and
property is the use and not ownership. charitable purposes by religious and
charitable institutions per the
h. Non-impairment of the jurisdiction Constitution.
of Supreme Court in tax cases.
2. Exemption from the income taxation
i. Concurrence by a majority of all of non-profit organizations and
members of the Congress for the exemption from gift tax of certain
passage of a law granting tax donations per the NIRC.
Exemptions.
3. Reciprocity agreements with other
1. What is exemption from taxation? nations intended to minimize tax
a. It is also called Tax holiday burdens of their respective subjects

b. Privilege of immunity from a tax b. Exemption by omission or implied


burden of which others are subjected to. exemption. Occurs when a tax is
c. The power of taxation carries with it imposed on certain class of
the power not to tax or the power to taxpayers without mentioning the
exempt. other class. Those not mentioned are
therefore exemptions by omission,
d. The general rule, however, is taxation either intentional or accidental.
and exemption is the exception.
3. Tax exemption vs tax amnesty
e. Strictly construed against the
taxpayer claiming the exemption and in a. Tax exemption is an immunity from
favour of the State. civil liability only. It is immunity or
privilege, a freedom from a charge or
f. The exemption must be based on burden of which others are subjected to.
reasonable grounds. It is prospective in application.

g. It requires a majority vote of congress b. Tax amnesty is an immunity from all


on tax exemption grant. criminal and civil obligations arising
from nonpayment of taxes. It is general
h. It is personal and cannot be assigned pardon given to all taxpayers. It applies
of transferred by the person to whom it only to past tax periods, hence of
is given without the consent of the State retroactive application.
given in clear and unmistakable terms.
1. One of the characteristics of our
1. Kinds of tax exemption: internal revenue laws is that they are:
a. Political in nature.
a. Express or affirmative – clearly
b. Penal in nature.
provided for in the constitution, statutes,
c. Generally prospective in operation
although the tax statute may
nevertheless operate retrospectively, not look into the taxes of different
provided it is clearly the legislative political subdivisions of government
intent. which may be alternative sites of the
d. Criminal in nature. business because:
a. Provinces, cities and municipalities
2. Which of the following statements must have uniform taxes between and
is not correct? among themselves.
a. An inherent limitation of taxation may b. The local taxes of a political
be disregarded by the application of a subdivision need not be uniform with the
Constitutional limitation. local taxes of another political
b. The property of an educational subdivision.
institution operated by a religious order c. Businesses that are subject to
is exempted from property tax, but its national business taxes are exempted
income is subject to income tax. from local business taxes.
c. The prohibition of delegation by the d. Local business taxes may be credited
State of the power of taxation will still against national business taxes.
allow the Bureau of Internal Revenue to
modify the rules on time for filing of 6. A fundamental rule in taxation is
returns and payment of taxes that the property of one country may
d. The government of taxation is shared not be taxed by another country. This
by the legislative and executive is known as:
departments of the government. a. International law
b. International comity
3. Which of the following has no c. Reciprocity
power of taxation? d. International inhibition
a. Provinces
b. Cities 7. A tax must be imposed for a public
c. Barangays purpose. Which of the following is
d. Barrios not a public purpose?
4. Which statement is wrong? A
revenue bill a. National defense
a. Must originate from the House of b. Public education
representatives and on which same bill c. Improvement of sugar industry
the Senate my propose amendments d. Constructing a private resort
b. May originate from the Senate and on 8. there can be no tax unless there is
which the same bill the House of law imposing that tax is consistent
Representatives may propose with the doctrine or principle of:
amendments a. Uniform in taxation.
c. May have a House version and b. Due process of law.
Senate version approved separately. c. Non-delegation of the power to tax.
d. May be recommended by the d. The power of taxation is very broad
President to Congress. and the only limitation is the sense of
5. Which statement gives the correct responsibility of the members of the
answer? That a feasibility study need legislature to their constituents.
9. Some franchise holders who are b. Same subject matter
paying the franchise tax are being c. Same amount
required by an amendatory law to pay d. Same year
the value-added tax, while others
remain subjected to franchise tax. 13. May the purpose of a tax be partly
Which of the following provisions public and partly private without
makes the law unconstitutional? violating the limitation that a tax must
a. No law shall be passed impairing the be for public purpose?
obligations of contract. a. Yes. The purpose to be accomplished
b. The rule on taxation shall be uniform. by taxation need not be exclusively
c. No person shall be deprived of public. Although private individuals are
property without due process of law. directly benefited (e.g. giving aids to
d. None of the above. victims of flood), the tax will still be valid
provided such benefit is only incidental.
10. The City of Manila, claiming that it b. No. The purpose to be accomplished
can impose taxes under the Local by taxation need to be exclusively
Government Tax Code, imposed a tax public. To benefit private individuals will
on banks (in addition to the be tantamount to deprivation of property
percentage tax on banks imposed in of those who paid the tax without due
the National Internal Revenue Code). process.
The banks within the City of Manila c. Yes. The purpose is not important as
objected for the various reasons long as the use of the tax can be
given below. Which would justify the properly accounted for.
objection of the banks? d. No. The purpose shall either be public
a. The power of taxation cannot be or private. It cannot be both.
delegated
b. Uniformity in taxation 14. One of the following is not a
c. The rule of double taxation public purpose:
d. None of these a. National defense
11. First statement: Our Constitution b. Building of churches common to all
does not prohibit double taxation. religions
Second statement: if double taxation c. Improving sugar industry
occurs, the taxpayer may seek relief d. Retirement benefits of public officials
under the uniformity rule or equal 15. A taxpayer who had gross
protection guarantee. receipts derived from business in the
a. 1st statement is correct, 2nd preceding year did not declare it
statement is wrong when he paid the poll tax. He paid
b. 1st statement is wrong, 2nd statement only basic tax and did not pay the
is correct additional poll tax based on gross
c. Both statements are correct receipts. Will he be imprisoned?
d. Both statements are wrong a. No. No person shall be imprisoned for
12. Which of the following is not an non-payment of poll tax.
element of double taxation? b. Yes. This is a case of tax evasion. Tax
a. Two taxes evasion is now a criminal offense.
c. No. Paying the basic poll tax is 2. Special/regulatory – tax imposed for
enough. The additional poll tax is a specific purpose, i.e., to achieve some
discretionary. social or economic ends irrespective of
d. Yes. Non-payment of poll tax is whether revenue is actually raised or not
punishable by imprisonment. (e.g. tariff and certain duties on imports)

DOUBLE TAXATION b. As to Authority or Scope:


Double taxation, in its general sense, 1. National – imposed by the National
means taxing a person, property or right Government (e.g. income tax, estate
twice during the same taxable period. In tax, donor’s tax, value-added tax, other
its general sense, it does not violate the percentage taxes, documentary stamp
equal protection and uniformity clauses tax).
of the constitution. 2. Local or Municipal – imposed by
Direct double taxation or direct municipal corporations (e.g. real estate
duplicate taxation (which violates the tax, community tax)
equal protection and uniformity clauses c. As to determination of amount:
of the constitution) means: 1. Specific – tax of fixed amount
1. Taxing twice. imposed by the head or number, or by
some standard of weight or
2. Within the same jurisdiction or taxing measurement. It requires no
assessment other that a listing of
district. classification of the subject to be taxed
3. By the same taxing authority. (e.g. excise tax on cigar, cigarettes and
liquors).
4. For the same purpose.
2. Ad valohrem – tax of fixed proportion
5. In the same year( or taxing of the value of the property with respect
to which the tax is assessed. It requires
period) the intervention of assessors or
appraisers to estimate the value of such
6. Same Subject in the territory
property before the amount due from
*If one of the elements above is each taxpayer can be determined (e.g.
absent, there is indirect double VAT, income tax, donor’s tax and estate
taxation tax)

CLASSIFICATIONS OF TAXES d. As to rates or graduation:


a. As to purpose: 1. Proportional – tax based on a fixed
1. General/fiscal/revenue – tax percentage of amount of the property,
imposed solely for general purpose of receipt, or other basis to be taxed (e.g.
the government, i.e., to raise revenue for VAT, others, and percentage taxes).
government expenditures (e.g. income
2. Progressive – tax the rate of which
tax, donor’s tax and estate tax).
increase as the tax base or bracket
increase (e.g. income tax, estate tax and
donor’s tax).

3. Regressive – tax the rate of which


decrease as the tax base or bracket
increase

e. As to Incidence (who bears the


burden):
1. Direct – tax which is demanded from
the person who also shoulders the
burden of the tax or tax which the
taxpayer cannot shift to another (e.g.
income tax, estate tax, donor’s tax).

2. Indirect – tax which is demanded


from one person in the expectation and
intention that he shall indemnify himself
at the expense of another or tax which
the taxpayer can shift to another.

f. As to subject matter or object:


1. Personal/poll/capitation – tax of a
fixed amount imposed on individuals,
whether citizens or not, residing within a
specified territory without regard to their
property or the occupation in which he
may be engaged (e.g. community tax).

2. Property – tax imposed on property,


whether real or personal, in proportion
either to its value, or in accordance with
some other reasonable method cf
apportionment (e.g. real estate tax). LIST OF NATIONAL TAXES

3. Excise – any tax which does not fall Percentage Taxes


within the classification of poll tax or a Income Tax
property tax. This is a tax on the
exercise of certain rights of privileges VAT
(e.g. income tax, estate tax, donor’s tax,
VAT, other percentage taxes). Other Taxes

TAX VS OTHER CHARGES Transfer Taxes

Excise Taxes

Documentary Stamp Tax


1. The proportional contribution by
persons and property levied by the
NATIONAL TAXES (SPECIAL) lawmaking body of the state by virtue
a. Customs duties of its sovereignty for the support of
the government and all public needs
b. Sugar adjustment taxes is referred to as:
a. Taxes
c. Taxes on narcotic drugs b. Special assessment
c. License fee
d. Specific educational fund tax
d. Penalty
e. Science fund taxes
2. In case of deductions and
f. Energy taxes on aircraft, motorized exemptions on income tax returns,
watercraft and electrical consumption doubts shall be resolved:
a. Liberally in favour of the taxpayer
g. Travel tax b. Liberally in favour of the employer
c. Strictly against the government
h. Private motor vehicle ta
d. Strictly against the taxpayer
SOURCES OF TAX LAWS
3. One of the characteristics of tax is
S TATUTES that it is generally:
a. Based on contract
P RESIDENTIAL DECREES b. Payable in money
c. Assignable
E XECUTIVE ORDERS
d. Optional
C ONSTITUTION
4. Which of the following is not an
T REATIES example of excise tax?
a. Transfer tax
R EVENUE REGULATIONS (DEPT OF b. Value-added tax
FINANCE) c. Real Property Tax
d. Income Tax
A DMIN ISSUANCES (BIR RULINGS) 5. Which of the following
L OCAL ORDINANCES distinguishes tax from license fee?
a. A non-payment does not necessarily
TAX AVOIDANCE VS TAX EVASION render the business illegal
b. A regulatory measure
a. Tax avoidance (tax minimization) is c. Imposed in the exercise of police
the use by the taxpayer of legally power
permissible methods in order to d. Limited to cover cost of regulation
reduce tax liability
6. VAT, as to rate, is an example of
b. Tax evasion (tax dodging) is the use a. Graduated tax
by the taxpayer of illegal means to b. Progressive tax
defeat or lessen the payment of tax. c. Regressive tax
d. Proportional Tax b. Tax code shall prevail over
PAS/PFRS
7. The distinction of a tax from permit c. PAS/PFRS and tax code shall both be
or license is that a tax is disregarded
a. Imposed for regulation d. The taxpayer may choose between
b. One which involves an exercise of PAS/PFRS or tax code.
police power
c. One in which there is generally no ACCOUNTING PROCESS
limit on the amount that may be imposed
d. Imposed through the provisions of the 2 PHASES
constitution 1. RECORDING PHASE
8. Tax of a fixed proportion of the 2. SUMMARIZING PHASE
value of the property with respect to
which the tax is assessed and RECORDING PHASE
requires the intervention of
assessors or appraisers to estimate 1. ANALYZING- -Gather info from
the value of such property before the source documents
amount due from each taxpayer can
2.JOURNALISING-Recording
be determined is known as:
transactions in appropriate journals
a. Specific
b. Ad Valorem Types of Journal Entries:
c. Special or Regulatory
d. Fiscal 1. General Journal

9. The basic community tax of P5.00 2. Sales Journal


for an individual is a/an
3. Cash Receipts Journal
a. Property tax
b. direct tax 4. Purchases Journal
c. national tax
d. ad valorem tax 5. Cash Disbursements Journal
10. Which is not an essential
Types of Journal Entries:
characteristic of tax?
a. Unlimited as to amount 1. Simple
b. payable in money
c. Proportionate in character 2. Compound
d. regular payment

11. In case of conflict between the


Philippine Accounting Standards or 3. POSTING- Transfer data from journal
the Philippine Financial Reporting to ledger.
Standards: Kinds of Ledgers:
a. PAS/PFRS shall prevail over the tax
code 1. General Ledger

2. Subsidiary Ledger
SUMMARIZING PHASE

1. UNADJUSTED TRIAL BALANCE

2. ADJUSTING ENTRIES

3. FINANCIAL STATEMENTS

4. CLOSING ENTRIES

5. POST CLOSING TRIAL BALANCE

6. REVERSING ENTRIES

UNADJUSTED TRIAL BALANCE

- List of general ledger accounts with


their respective debit or credit balance.

- provide evidence that the total debits in


the general ledger equal the total credits

- prepares accounts for adjustments

ADJUSTING ENTRIES

- Made at the end of each accounting ACCRUALS - income or expense


period precedes cash flow.

- To take up accruals, expiration of 1. ACCRUED INCOME


prepayments and deferrals, estimations
and other events often not signaled by 2. ACCRUED EXPENSE
new source documents.
ESTIMATES - Adjusting entries that do
ADJUSTING ENTRIES not involve cash flows.

CONCEPTS INVOLVED: 1. DOUBTFUL ACCOUNTS

1. ACCRUAL 2. DEPRECIATION

2. MATCHING ENDING INVENTORY - An adjustment


to set up the year-end physical count of
3. PERIODICITY the inventory.

*applies only to periodic inventory


system

FS PREPARATION

Basic financial statements


a. Statement of financial position a. before an entry is recorded in a
journal.
b. Income statement or a statement of b. when the entry is posted to the ledger.
comprehensive income c. when the trial balance is prepared.
d. at some other point in the accounting
c. Statement of changes in equity cycle.
2. A trial balance may prove that
d. Statement of cash flows debits and credits are equal, but
a. an amount could be entered in the
e. Notes and disclosures
wrong account.
CLOSING ENTRIES b. a transaction could have been
entered twice.
NOMINAL → INCOME SUMMARY c. a transaction could have been
omitted.
NET INCOME OR LOSS → CAPITAL
d. all of these.
OR RE
3. Which of the following is a nominal
POST CLOSING TRIAL BALANCE (temporary) account?
a. Unearned Revenue
A listing of general ledger accounts and b. Salary Expense
their balances after closing entries have c. Inventory
been made. The post closing trial d. Retained Earnings
balance is the same with the yearend 4. A general journal
statement of financial position, the only a. chronologically lists transactions
difference is that valuation accounts like and other events, expressed in terms
allowances for assets are found in the of debits and credits.
credit side instead of being deducted b. contains one record for each of the
from the related asset account. asset, liability, stockholders’ equity,
revenue, and expense accounts.
REVERSING ENTRIES
c. lists all the increases and decreases
- Last step in each account in one place.
d. contains only adjusting entries
- Optional
5. Adjustments are often prepared
- For convenience a. after the balance sheet date, but
dated as of the balance sheet date.
Applies to: b. after the balance sheet date, and
a. Accrued income dated after the balance sheet date.
c. before the balance sheet date, but
b. Accrued expense dated as of the balance sheet date.
d. before the balance sheet date, and
c. Prepaid expense – expense method dated after the balance sheet date.
d. Unearned income – income method 6. A prepaid expense can best be
1. The debit and credit analysis of a described as an amount
transaction normally takes place
a. paid and currently matched with debit or credit to Retained Earnings
revenues. is a
b. paid and not currently matched with a. debit of $50,000.
revenues. b. debit of $80,000.
c. not paid and currently matched with c. credit of $50,000.
revenues. d. credit of $80,000.
d. not paid and not currently matched
with revenues.
7. An accrued revenue can best be
described as an amount
a. collected and currently matched with
expenses.
b. collected and not currently matched
with expenses.
c. not collected and currently matched
with expenses.
d. not collected and not currently
matched with expenses. CASH AND CASH EQUIVALENTS
8. Under the cash basis of
accounting, revenues are recorded CURRENT ASSETS
a. when they are earned and realized. An entity shall classify an asset as
b. when they are earned and realizable. current when:
c. when they are earned 1. it expects to realize the asset or
d. when they are realized. intends to sell
9. Pappy Corporation received cash or consume it, in its normal operating
of P13,500 on September 1, 2024 for cycle;
one year’s rent in advance and 2. it holds the asset primarily for the
recorded the transaction with a credit purpose of
to Unearned Rent. The December 31, trading;
2024 adjusting entry is 3. it expects to realize the asset within
a. debit Rent Revenue and credit twelve
Unearned Rent, P4,500. months after the reporting period; or
b. debit Rent Revenue and credit 4. the asset is cash or a cash equivalent
Unearned Rent, P9,000. unless
c. debit Unearned Rent and credit Rent the asset is restricted from being
Revenue, P4,500. exchanged or
d. debit Cash and credit Unearned used to settle a liability for at least
Rent, P9,000. twelve months
10. Big-Mouth Frog Corporation had after the reporting period.
revenues of $200,000, expenses of
$120,000, and dividends of $30,000. LINE ITEMS - CURRENT
When Income Summary is closed to 1. Cash and cash equivalents
Retained Earnings, the amount of the
2. Financial assets such as trading - so close to maturity
securities, AFS securities and other
short term marketable securities *purchased 3 months or less before
maturity
3. Trade and other receivables
Examples include Treasury Bills, Bonds
4. Inventories and Notes, Time Deposits, Certificate of
deposits and Bankers Acceptances and
5. Prepaid expenses Commercial Papers.

COMPOSITION OF CASH PETTY CASH FUND

a. Undeposited currency and coins 1. IMPREST FUND SYSTEM

b. Petty cash 2. FLUCTUATING FUND SYSTEM

c. Demand deposits REVIEW QUESTIONS PART 1 CASH


AND CASH EQUIVALENTS
d. Undeposited negotiable checks
1. An item that should be excluded
e. Foreign currencies from cash and cash equivalents on
f. Bank drafts the December 31, 2005 balance sheet
of Haydee Company is
g. Money orders
a. A customer’s check denominated in
h. Other short-term funds foreign currency.
b. A check issued by Haydee Company
VALUATION OF CASH on December 30, 2005, but dated
January 10, 2006.
a. Fa – face amount
c. A P1,000,000 time deposit which
b. Cu – current exchange rate matures in 4- months
d. A P100,000 balance in the
c. E – estimated re company’s current account maintained
as a payroll fund.
SPECIAL ITEMS

a. Certified Checks 2. Which of the following is not a


basic characteristic of a system of
b. Bank Overdraft cash control?
a. Use of a voucher system
c. Compensating Balance
b. Combined responsibility for handling
CASH EQUIVALENTS and recording
cash
Characteristics c. Daily deposit of all cash received
d. Internal audits at irregular intervals
- short-term 3. Which is false concerning
- highly liquid measurement of cash and cash
equivalents?
a. Cash is measured at face value customer will demand return of this
b. Cash in foreign currency is measured amount.
at the current
exchange rate 6. What happens when a petty cash is
c. If a bank or financial institution holding in use?
the funds of the company is in a. Expenses paid with petty cash are
bankruptcy or financial difficulty, cash recorded when the fund is replenished
should be written down to estimated b. Most small amounts are paid from
realizable value. cash receipts before they are deposited
d. Cash equivalents should be c. Petty cash is debited when the fund is
measured at maturity value, meaning replenished
face value plus interest d. Petty cash fund is credited when the
fund is replenished.
4. If material, deposits in foreign bank 7. The petty cash fund account under
which are subject to foreign the imprest fund system is debited
exchange restriction shall be a. Only when the fund is created
classified b. When the fund is created and every
a. Separately as current asset with time the fund is replenished
appropriate disclosure c. When the fund is created and when
b. Separately as non-current asset with the size of the fund is increased
appropriate disclosure d. When the fund is created and when
c. Separately as current asset without the fund is decreased
appropriate disclosure
d. Separately as non-current asset 8. Unreleased checks (checks drawn
without appropriate disclosure before the end of reporting period but
5. Which of the following statements held for later delivery to creditors)
in relation to the cash short or over a. Shall be treated as outstanding
account is true? checks
a. It would be impossible to have cash b. Shall be restored to the cash balance
shortage or overage if employees were c. Shall be treated as outstanding
paid in cash rather than by check checks if the date is shortly after the end
b. The entry to account for daily cash of the reporting period
sales for which a small amount of cash d. Shall be treated as outstanding
shortage existed would include a debit checks if they are ultimately encashed.
to cash short or over account
c. If the cash short or over account has 9. Which of the following is not
a debit balance at the end of the period considered a cash equivalent?
it must be debited to an expense a. A three-year treasury note maturing
account on May 30 of the current year purchased
by the entity on April 15 of
d. A credit balance in a cash shorty or the current year.
over account should be considered a
liability because the short changed
b. A three-year treasury note maturing 12. Pelilio Company had the following
on May 30 of the current year purchased on 12/31/2021: Cash in bank
by the entity on January 15 P4,500,000 Cash on hand P250,000
of the current year. Cash restricted for addition to plant
c. A 90-day T-bill expected to be disbursed in 2022
d. All of these P3,200,000 Cash in bank includes
P1,200,000 of compensating balance
10. At the end of the current year, an against short-term borrowing
entity had various checks and papers arrangement. The compensating
in its safe. Which item should not be balance is not legally restricted as to
included in cash in the current withdrawal by Pelilio Company. In the
year-end statement of financial December 31, 2021 statement of
position? financial position, what total cash
a. US $20,000 cash (Foreign Currency) should be reported under current
b. Past due promissory note issued in assets?
favor of the entity a. 3,550,000
by the president b. 4,500,000
c. Another entity’s P150,000 check c. 4,750,000
payable to the entity d. 7,950,000
dated December 15 of the current year
d. The entity’s undelivered check BANK RECONCILIATION
payable to a supplier dated December
31 of the current year
Types of Bank Reconciliation
11. Remedyo Company had the
following on Dec. 31, 2021: Cash in • Adjusted balance method
bank – current account 1,250,000
Cash in bank – payroll account • Book to bank method
250,000 Cash on hand 125,000 Cash • Bank to book method
in bank – restricted account for
building construction expected to be
disbursed in 2022 P750,000 Time
deposit, purchased December 15,
2021 and due March 15, 2022 500,000
The cash on hand includes a P50,000
check payable to Remedyo Company,
dated January 15, 2022. What should
be reported as cash and cash
equivalents on 12/31/2021?
a. 1,575,000
b. 2,075,000
c. 1,625,000
d. 2,175,000
CREDIT MEMOS 2. A bank reconciliation is a
a. formal financial statement that lists all
• Collections by bank of the bank account balances of an
• Interest credited by bank entity.
b. a merger of two banks that previously
• Matured time deposits were competitors.
c. statement sent by the bank to
• Proceeds of bank loan depositor on a monthly basis.

d. schedule that accounts for the


DEBIT MEMOS differences between an entity’s cash
balance as shown in the bank statement
• NSF checks
and the cash balance shown in the
• Bank service charge general ledger.

• Authorized bank debits 3. Bank statements provide


information about all of the following,
BANK RECON QUIZZER except
a. Checks cleared during the period
1. Shown below is the bank
b. NSF checks
reconciliation for Ployd Company for
c. errors made by the depositor
May 2022:
d. bank charges for the period
Balance per bank, May 31, 2022
P75,000 Add: Deposits in Transit 4. Bank reconciliations are normally
12,000 Total P87,000 Less: prepared on a monthly basis to
Outstanding Checks 14,000 Bank identify adjustments needed in the
credit error 5,000 Cash Balance per depositor’s records to identify bank
Book, May 31, 2022 P68,000 The bank errors. Adjustments on the part of the
statement for June 2022 contains the depositor should be recorded for
following data: Total deposits a. Bank errors, outstanding checks and
P55,000 Total charges including an deposits in transit
NSF check Of P4,000 and service b. All items except bank errors,
charge of P200 48,000 All outstanding outstanding checks and deposits in
checks on May 31, 2022 including the transit
bank credit, were cleared in bank in c. Book errors, bank errors, deposits in
June 2022. There were outstanding transit and outstanding checks
checks of P15,000 and deposits in d. Outstanding checks and deposits in
transit of P19,000 on June 30, 2022. transit

1. What is the cash balance per bank


on June 30, 2022?
2. What is the cash balance per
books on June 30, 2022?
How much is Mia’s adjusted cash in What is the adjusted bank balance on
bank balance at December 31, 2022? June 30, 2020?
a. 36,050 a. P351,587
b. 36,125 b. P353,927
c. 36,450 c. P358,147
d. 36,525 d. P359,687

Question 1: What is the amount of cash


disbursements per
What is the correct cash in bank balance
book in April?
of DadiGevs on 12/31/2021?
Question 2: What is the cash balance
a. P55,415
per book at April 30,
b. P67,792
2022?
c. P70,229
d. P83,792
9. The cash amount of Boggart
Company showed a balance of
7. As of June 30, 2020, the bank
P4,500,000 before reconciliation. The
statement of Terrybels Trading had
bank statement did not include a
an ending balance of P373,612. The
deposit of P230,000 made on the last
following data were assembled while
day of the month. The bank statement
reconciling the bank balance:
showed a collection by the bank of
• Bank error: credited Terrybels for
P94,000 and a customer’s check for
P2,150 on June 19.
P32,000 returned because it was NSF.
• During the month, the bank charged
A customer’s check for P45,000 was
NSF checks amounting to P2,340 of
recorded on the books as P54,000
which P800 had been redeposited on
and a check written for P79,000 was
the 24th of June.
recorded as P97,000. What is the
• Collection for June 30 totaling
correct cash balance in the cash
P10,330 was deposited the following
account?
month.
A. 4,765,000
• Checks outstanding as of June 30
B. 4,571,000
were P30,205
C. 4,819,000
• Notes collected by the bank for
D. 4,801,000
Terrybels were P8,150 and the
corresponding bank charges were
P50.
What is the cash balance per bank
statement?
a. 1,435,000
b. 1,532,000
c. 1,338,000
d. 1,557,000

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